Looking Back At Landmark Decisions Delivered By Former CJI Dipak Misra

The
highest position in Indian Judiciary is Chief Justice of India. Chief Justice
of India has huge responsibilities to perform because it is his verdict which
will give direction to government policies in the country. Judgments delivered
by Chief Justice are of immense importance as they guide executive, general
public on how the law is to be interpreted keeping in mind rights of common people
in the light of the constitution. Former Chief Justice of India Deepak Misra delivered
a number of landmark decisions all of which would have a major impact on how
people of India think and act. Today, we will list out major judgments which
were given by Justice Misra along with Judgements in which he was part of the
bench.

1. Women allowed in Sabarimala Temple

This
was justice Misra’s last judgment before he retired. He observed that
exclusionary practice of refusing women entry in Sabarimala temple is neither
an essential nor an integral part of Hindu religion without which Hindu religion,
of which devotees of Lord Ayyappa are followers will not survive. He further
stated that article 25 did not discriminate on basis of gender and refusing
women entry in temple refuses women right to worship.

2. Struck down adultery section in Indian Penal Code, 1860

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Section
497 of Indian Penal Code indirectly gave license to husband to treat his wife
as his personal property and gave no rights to women to file a case against her
husband if he cheated on her. CJI decriminalized adultery observing that there
cannot be patriarchal monarchy over daughter or husband’s monarchy over the
wife.

3. Same-sex marriages recognized

Homosexuality
was punishable in India by virtue of section 377 of Indian Penal Code.
Constitutional Bench of India unanimously declared that section 377 as
unconstitutional to the extent it punished consensual sexual acts of adults in
private. Justice Misra observed that section 377 was like a weapon in the hands
of majority and LGBT community possessed equal rights and their sexual
orientation is a part of their fundamental right to privacy.

4. Passive Euthanasia allowed

Chief
Justice Misra sanctioned passive euthanasia and observed that all adults with
the capacity to consent have a
common law right to refuse medical treatment and the right of
self-determination, At the same time doctors should be very sure that illness of patient is incurable and there is
no hope of recovery as they would be bound by patient’s choice of
self-determination. A person should be allowed to die peacefully instead of
keeping him alive against his will using technology.

5.
Framing of Criminal charges not enough to disqualify the candidates

Five-judge
bench of the Supreme Court of India declared that mere framing of criminal
charges against a candidate contesting election is not enough to disqualify
him. The legislature was recommended to pass a law ensuring criminals do not
enter politics.

6.
The validity of Aadhar Upheld But with exceptions

Justice Misra did not write this judgment but concurred with judgment delivered by Justice Sikri. Certain provisions namely Section 33(2), 47 and 57 were struck down remaining were upheld. In this case, Justice Chandrachud took the view that the entire Aadhaar project was unconstitutional.

7.
Jurisdiction of Courts

In this
case, Justice Misra overruled the earlier decision of SC which said that
Supreme Court retains seisin over arbitration proceedings if the arbitrator is
appointed by Supreme Court of India. It was ruled in this judgment that
jurisdiction of a court as laid out in the statue cannot shift or become
flexible just because a superior court interferes in the case in a different
manner.

8.
Khap Panchayat and Honor Killings

A 3 judge bench declared that consent of family members or the community or the clan is not necessary for two consenting adults to enter into a wedlock. Further, it was also held that any attempt by Khap Panchayats or any other assembly to scuttle or prevent two consenting adults from marrying is absolutely “illegal”.

9.
Speaking against Lynching and Mobocracy

In a
time when lynching became a common criminal practice across the country Justice
Misra came out condemning lynching and said that mobocracy cannot be allowed to
replace democracy and it is the duty of State to ensure that machinery of law and
order is functioning properly to maintain peace, preserve secular ethos and
pluralistic society governed by rule of law.

10. Hadiya Verdict

The
crucial observation was made by Justice Misra in this case which was that
choosing a faith is the substratum of individuality and is a part of the
fundamental right of choice.

11.
Cauvery Water Dispute

A
longstanding dispute between Karnataka and Tamil Nadu came to an end when bench
led by Justice Misra directed Karnataka to release 177.25 TMC of water instead
of 192 TMC to Tamil Nadu.

12.
Refuses Ban on Meesha

Plea
for Ban on Malayalam Novel ‘Meesha’ for hurting Hindu sentiments was refused.
At the same time, he asked artists, readers, and admirers of literature and art
to exhibit a certain degree of
adherence to the unwritten codes of maturity, humanity, and tolerance so that
the freedom of expression reigns supreme and is not inhibited in any manner.

13.
National Anthem in Theatres

CJI
modified his own earlier order that made national anthem compulsory in every
cinema theatre to the discretion of each cinema house.

14.
Relief to Priya Prakash Varrier

Supreme
Court of India quashed the FIR and criminal complaints against in Telangana and
Maharashtra registered against actress Priya Prakash Varrier and Directors and
Producers of Malayalam film ‘Oru
Adaar Love’ for hurting religious sentiments of Muslims.

15.
Stayed Ban on the screening of Padmavat

CJI put a stay on the operation of
notifications issued by various state government banning screening on
controversial movie Padmavat. CJI focussed on the right to freedom of speech
and expression in a democracy and took a note of people holding high public
offices making irresponsible comments when certification of the film was
pending before censor board.

Apart from above judgments,
there were other judgments such as live streaming of court proceedings,
Superiority of Chief Justice of India, Bhima Koregaon Case, vandalism by
protesting mob, the death of Judge Loya, Ayodha-Ram Janambhoomi where CJI took
the lead and interpreted the law keeping in mind the rights of people and
Constitution.
Tenure of Deepak
Misra was a busy one as a number of landmark decision was given, all of which
will play a huge role in running the country in the coming years.

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